• JUDGE: FEDERAL LAW TRUMPS CALIFORNIA’S NEW INDEPENDENT CONTRACTOR TEST

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    January 03, 2019
    A federal judge in California is challenging a ruling issued by the California Supreme Court in April that established new criteria for how carriers should discern employee drivers vs. independent contractors. Judge James Otero, a U.S. District Judge in California’s Central District, said in his Nov. 15 opinion that federal law, when it comes to truck transportation, pre-empts the state’s strict ABC employee/contractor test. This is a departure from the state’s high court’s ruling in Dynamex v. Superior Court. This ruling (coming in the case of Alvarez v. XPO Logistics) does not set a precedent, as the case is still in process. Only if it or another of the lawsuits around federal pre-emption were to reach appeals stage, and be decided on, would precedent against use of the ABC test be set. Read more
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